4624 Federal Register / Vol. 71, No. 18 / Friday, January 27, 2006 / Notices 

For the Nuclear Regulatory Commission. 

Michael G. Raddatz, 

Project Manager, Fuel Cycle Facilities Branch, 

Division of Fuel Cycle Safety and Safeguards, 

Office of Nuclear Material Safety and 

Safeguards. 

[FR Doc. E6–1036 Filed 1–26–06; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 40–0299] 

Notice of Availability of Environmental 

Assessment and Finding of No 

Significant Impact for License 

Amendment for Umetco Minerals 

Corporation, East Gas Hills, WY 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of availability. 

FOR FURTHER INFORMATION CONTACT: Paul 

Michalak, Project Manager, Fuel Cycle 

Facilities Branch, Division of Fuel Cycle 

Safety and Safeguards, Office of Nuclear 

Material Safety and Safeguards, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555. Telephone: 

(301) 415–7612; fax number: (301) 415–

5955; e-mail: pxm2@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The Nuclear Regulatory Commission 

(NRC) proposes to issue a license 

amendment for License Condition 35 

(alternate concentration limit (ACL) for 

ground water compliance monitoring), 

to Materials License SUA–648, for the 

Umetco Minerals Corporation (Umetco), 

East Gas Hills, Wyoming uranium mill 

site. The purpose of this amendment is 

to increase the Lead-210 (Pb-210) ACL 

from 46.7 pCi/L to 189 pCi/L in the 

Southwestern Flow Regime (SWFR). 

NRC has prepared an Environmental 

Assessment (EA) in support of this 

amendment in accordance with the 

requirements of 10 CFR part 51. Based 

on the EA, the NRC has concluded that 

a Finding of No Significant Impact 

(FONSI) is appropriate. The amendment 

will be issued following the publication 

of this Notice. 

II. EA Summary 

The staff has prepared the EA in 

support of the proposed license 

amendment. Much of the information 

relied upon in preparation of the EA 

was obtained from the licensee’s ACL 

application and from two previous EAs 

for Umteco site activities related to their 

revised soil decommissioning plan and 

a recent application for several ACLs. 

Since this action relates to ground 

water, the primary focus of the 

evaluation of potential environmental 

impacts relates to ground water. In 

particular, current and future ground 

water use, and predicted concentrations 

of Pb-210 at the designated point of 

exposure were considered in the 

analysis. Staff has concluded that there 

would be no effect to the following 

resources: Visual resources, vegetation 

and soils, ambient air quality, and 

transportation. Staff has also determined 

that the proposed action is not the type 

of activity that has the potential to cause 

effects on cultural or historic resources. 

III. Finding of No Significant Impact 

On the basis of the EA, NRC has 

concluded that there are no significant 

environmental impacts from the 

proposed amendment and has 

determined not to prepare an 

environmental impact statement. 

IV. Further Information 

Documents related to this action, 

including the application for 

amendment and supporting 

documentation, are available 

electronically at the NRC’s Electronic 

Reading Room at http://www.nrc.gov/ 

reading-rm/adams.html. From this site, 

you can access the NRC’s Agencywide 

Document Access and Management 

System (ADAMS), which provides text 

and image files of NRC’s public 

documents. The ADAMS accession 

numbers for the documents related to 

this notice are as follows: 

Document ADAMS 

accession No. Date 

NRC’s EA for Umteco’s Revised Soil Decommissioning Plan ........................................................................ ML010460319 2/23/2001 

NRC’s EA for Umteco’s ACLs Application ...................................................................................................... ML020840234 3/24/2002 

Umetco’s ACL Amendment Request ............................................................................................................... ML051780369 6/17/2005 

NRC’s EA for ACL Amendment Request ........................................................................................................ ML060200288 1/20/2006 

If you do not have access to ADAMS or 

if there are problems in accessing the 

documents located in ADAMS, contact 

the NRC’s Public Document Room (PDR) 

Reference staff at 1–800–397–4209, 301–

415–4737, or by e-mail to pdr@nrc.gov. 

These documents may also be viewed 

electronically on the public computers 

located at the NRC’s PDR, O1 F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, MD 20852. The PDR 

reproduction contractor will copy 

documents for a fee. 

Dated at Rockville, Maryland this 23rd day 

of January, 2006. 

For the Nuclear Regulatory Commission. 

Paul Michalak, 

Project Manager, Fuel Cycle Facilities Branch, 

Division of Fuel Cycle Safety and Safeguards, 

Office of Nuclear Material Safety and 

Safeguards. 

[FR Doc. E6–1045 Filed 1–26–06; 8:45 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Sunshine Act Meeting 

Notice is hereby given, pursuant to 

the provisions of the Government in the 

Sunshine Act, Pub. L. 94–409, that the 

Securities and Exchange Commission 

will hold the following meeting during 

the week of January 30, 2006: 

An open meeting will be held on 

Monday, January 30, 2006 at 10 a.m. in 

Room L–002, the Auditorium. 

Commissioner Atkins as duty officer 

determined that no earlier notice thereof 

was possible. 

The subject matter of the open 

meeting scheduled for Monday, January 

30, 2006 will be: 

The Commission will hear oral 

argument on an appeal by Vladlen 

‘‘Larry’’ Vindman and the Division of 

Enforcement from the decision of an 

administrativelaw judge. The law judge 

found that Vindman engaged in a 

scheme to inflate artificially the demand 

for and price of the stock of Marx Toys 

& Entertainment Corp. (‘‘Marx’’), a 

penny stock, in violation of Section 

17(a) of the Securities Act of 1933, 

Section 10(b) of the Securities Exchange 

Act of 1934, and Exchange Act Rule 


rmajette on PROD1PC67 with NOTICES
Federal Register / Vol. 71, No. 18 / Friday, January 27, 2006 / Notices 4625 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3Amendment No. 1 corrected certain technical 

errors in the text of the proposed rule change. 4An SQT is an Exchange Registered Options 

Trader (‘‘ROT’’) who has received permission from 

the Exchange to generate and submit option 

quotations electronically through the Exchange’s 

Automated Options Market (‘‘AUTOM’’) in eligible 

options to which such SQT is assigned. An SQT 

may only submit such quotations while such SQT 

is physically present on the floor of the Exchange. 

See Phlx Rule 1014(b)(ii)(A). 

5An RSQT is an ROT that is a member or member 

organization with no physical trading floor 

presence who has received permission from the 

Exchange to generate and submit option quotations 

electronically through AUTOM in eligible options 

to which such RSQT has been assigned. An RSQT 

may only submit such quotations electronically 

from off the floor of the Exchange. See Phlx Rule 

1014(b)(ii)(B). 

6A non-SQT ROT is an ROT who is neither an 

SQT nor an RSQT. See Phlx Rule 1014(b)(ii)(C). 

7Phlx Rule 1014(b)(ii)(E) requires non-SQT ROTs 

who transact more than 20% of their contract 

volume in an option electronically versus in open 

outcry during a particular calendar quarter to 

submit proprietary electronic quotations in such an 

option during the subsequent calendar quarter for 

a certain number of series in such option, 

depending on the percent of total volume transacted 

electronically versus in open outcry on the 

Exchange in such option. 

10b–5. The law judge imposed a ceaseand-desist order on Vindman and barred 

him from participating in an offering of 

penny stock. She also imposed a thirdtier civil money penalty in the amount 

of $20,000. In imposing the penalty, the 

law judge found that the $120,000 

penalty requested by the Division, the 

maximum third-tier penalty allowed by 

statute for each act or omission found, 

was consistent with Commission 

precedent, but she reduced the penalty 

to $20,000, which she found took into 

account both the need for deterrence 

and record evidence bearing on 

Vindman’s ability to pay. Vindman 

appeals from the law judge’s findings of 

violation and the sanctions she 

imposed. The sole issue pressed in the 

Division’s appeal is the amount of the 

civil penalty imposed. 

Among the issues likely to be argued 

are: 

1. Whether Vindman violated 

antifraud provisions by manipulating 

the market in Marx stock. 

2. If violations are found, what, if any, 

sanctions are warranted. 

3. If a civil penalty is warranted, 

whether and what amount Vindman is 

able to pay. 

At times, changes in Commission 

priorities require alterations in the 

scheduling of meeting items. 

For further information and to 

ascertain what, if any, matters have been 

added, deleted or postponed, please 

contact: 

The Office of the Secretary at (202) 

551–5400. 

Dated: January 24, 2006. 

Nancy M. Morris, 

Secretary. 

[FR Doc. 06–835 Filed 1–25–06; 11:34 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–53166; File No. SR–Phlx–

2006–05] 

Self-Regulatory Organizations; 

Philadelphia Stock Exchange, Inc.; 

Notice of Filing and Order Granting 

Accelerated Approval to a Proposed 

Rule Change and Amendment No. 1 

Thereto Relating to the Phlx XL Risk 

Monitor Mechanism 

January 23, 2006. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 

(‘‘Act’’) 1 and Rule 19b–4 thereunder,2

notice is hereby given that on January 

13, 2006, the Philadelphia Stock 

Exchange, Inc. (‘‘Phlx’’ or ‘‘Exchange’’) 

filed with the Securities and Exchange 

Commission (‘‘Commission’’) the 

proposed rule change as described in 

Items I and II below, which Items have 

been prepared by the Exchange. On 

January 19, 2006, the Exchange filed 

Amendment No. 1 to the proposed rule 

change.3 The Commission is publishing 

this notice to solicit comments on the 

proposed rule change, as amended, from 

interested persons. In addition, the 

Commission is granting accelerated 

approval of the proposed rule change, as 

amended. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to adopt Phlx 

Rule 1093, Phlx XL Risk Monitor 

Mechanism, to provide Exchange 

specialists, Streaming Quote Traders 

(‘‘SQTs’’),4 Remote Streaming Quote 

Traders (‘‘RSQTs’’),5 and non-SQT 

ROTs 6 who are required to submit 

continuous two-sided electronic 

quotations pursuant to Phlx Rule 

1014(b)(ii)(E) 7 (collectively, ‘‘Phlx XL 

participants’’) protection from the 

unreasonable risk associated with the 

execution of an excessive number of 

contracts resulting from near 

simultaneous executions in a single 

option issue. Such protection would be 

provided by way of the implementation 

of a Risk Monitor Mechanism. The 

Exchange also proposes conforming 

changes to Phlx Rule 1017, Openings in 

Options, and to Phlx Rule 1082, Firm 

Quotations, to describe the Exchange’s 

disseminated quotation when the 

disseminated size is exhausted and the 

specialist has not yet revised its 

quotation. The text of the proposed rule 

change, as amended, is below. Proposed 

new language is in italics; proposed 

deletions are in [brackets]. 

Phlx XL Risk Monitor Mechanism 

Rule 1093. (a) The Phlx XL system 

(the ‘‘system’’) will maintain a counting 

program (‘‘counting program’’) for each 

specialist, SQT, RSQT, and non-SQT 

ROT who is required to submit 

continuous two-sided electronic 

quotations pursuant to Rule 

1014(b)(ii)(E) (collectively, ‘‘Phlx XL 

participants’’) assigned in a particular 

option. The counting program will count 

the number of contracts traded in such 

an option by each Phlx XL participant 

within a specified time period, not to 

exceed 15 seconds, established by each 

Phlx XL participant (the ‘‘specified time 

period’’). The specified time period will 

commence for an option when a 

transaction occurs in any series in such 

option. 

(b)(i) Risk Monitor Mechanism. The 

system will engage the Risk Monitor 

Mechanism in a particular option when 

the counting program has determined 

that a Phlx XL participant has traded a 

Specified Engagement Size (as defined 

below) established by such Phlx XL 

participant during the specified time 

period. When such Phlx XL participant 

has traded the Specified Engagement 

Size during the specified time period, 

the Risk Monitor Mechanism will 

automatically remove such Phlx XL 

participant’s quotations from the 

Exchange’s disseminated quotation in 

all series of the particular option. 

(ii) Specified Engagement Size. The 

Specified Engagement Size is 

determined by the following: (A) For 

each series in an option, the counting 

program will determine the percentage 

that the number of contracts executed in 

that series represents relative to the 

disseminated size in that series (‘‘series 

percentage’’); (B) The counting program 

will determine the sum of the series 

percentages in the option issue (‘‘issue 

percentage’’); (C) Once the counting 

program determines that the issue 

percentage equals or exceeds a 

percentage established by the Phlx XL 

participant, not less than 100% 

(‘‘Specified Percentage’’), the number of 

executed contracts in the option issue 

equals the Specified Engagement Size. 

For example, if a Phlx XL participant is 

quoting in four series of a particular 

option issue, and sets its Specified 

Percentage at 100%, the Specified 

Engagement Size would be determined 

as follows: 


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